Harper v. Charter Communications, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 LIONEL HARPER, DANIEL SINCLAIR, No. 2:19-cv-00902 WBS DMC HASSAN TURNER, LUIS VAZQUEZ, and 13 PEDRO ABASCAL, individually and on behalf of all others 14 similarly situated and all ORDER STAYING CASE aggrieved employees, 15 Plaintiff, 16 v. 17 CHARTER COMMUNICATIONS, LLC, 18 Defendant. 19 20 ----oo0oo---- 21 Defendant Charter has appealed this court’s denial of 22 its motion to compel arbitration of plaintiff Harper’s PAGA claim 23 and dismiss remaining count ten claims. (Docket Nos. 300, 306.) 24 A federal court can stay a proceeding pending the outcome of an 25 appeal. See Nken v. Holder, 556 U.S. 418, 421 (2009). The power 26 to stay proceedings “is incidental to the power inherent in every 27 court to control the disposition of the cases on its docket with 28 nee nnn en nn ne non nn nnn nnn EO OO IE IN 1 economy of time and effort for itself, for counsel, and for 2 litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). 3 Notwithstanding any other recent orders, the court in 4 its discretion determines that a stay is appropriate at this 5 time. Accordingly, all proceedings in this case are hereby 6 STAYED pending final adjudication of defendant’s appeal, and all 7 | hearing dates are hereby VACATED. 8 IT IS SO ORDERED. he Lhe (LA. 9 Dated: September 16, 2022 Ph hata Vim Lehn 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28